The Federal Trade Commission (FTC) recently sued the three largest pharmacy benefit managers (PBMs) – Caremark Rx, Express Scripts (ESI) and OptumRx – alleging that the PBMs and their related group purchasing organizations...more
A letter of intent (LOI), expression of interest (EOI) or term sheet is typically the first substantive document in the life of a transaction (noting that, oftentimes, parties will sign a nondisclosure agreement prior to...more
While the “spring cleaning” that typically comes to mind involves gardening, cleaning off the golf clubs or power washing, it is also an ideal time for business owners to take inventory of their corporate records, governing...more
New York Governor Cathy Hochul recently vetoed a bill that would have enacted a sweeping ban on non-competition covenants amidst increasing opposition from business groups cautioning that the legislation would accelerate the...more
As businesses, medical practices, nonprofit entities and other organizations begin working toward their 2024 goals, nearly all that operate through entities organized under Pennsylvania Law (as well as foreign entities...more
New York businessowners and employees alike await a decision from Governor Kathy Hochul as to proposed legislation, which has passed in both the New York State Senate and General Assembly, that would ban most non-competition...more
After completing the arduous task of preparing to sell a business and agreeing to the terms in principle for a transaction in which a business owner will sell his or her “life’s work,” selling business owners (“Seller” or...more
11/9/2023
/ Buyers ,
Change of Ownership ,
Closing Costs ,
Equity ,
Healthcare Facilities ,
Indemnity ,
Liability ,
Purchase Price ,
Purchasers ,
Reasonably Continuous Exercise of Diligence Standard ,
Revenue ,
Risk Assessment ,
Selling a Business ,
Target Company ,
Third-Party
On August 18, the Office of Inspector General in the Department of Health and Human Services (“OIG”) issued Advisory Opinion 23-05 in which it concluded that a proposed arrangement involving the formation of a company...more
The United States Department of Health and Human Services (“HHS”), through the Centers for Medicare and Medicaid Services (“CMS”), published a final rule on June 5 (the “Final Rule”), which, among other important actions,...more
Recently, the Health Law Observer highlighted both implemented and proposed changes in requirements applicable to certain health care transactions in New Jersey and New York, respectively. Given the impact in both...more
The landscape of health care transactions has been constantly evolving and that holds particularly true at present. Recently, the Health Law Observer highlighted new requirements for “change in ownership” transactions in New...more
This year will mark the first full calendar year in which the Change of Ownership (CHOW) requirements added by New Jersey Senate Bill 315 (the “Bill”) will be in effect for certain health care transactions. Accordingly, it...more
Last week, Congress passed the $1.7 trillion 2022 Omnibus Appropriations bill (the “Bill”) that funds the federal government through September of 2023 and Medicare is among the several areas addressed in the 4,000-plus pages...more
For a number of reasons, the calendar is among the most effective tools for advancing a transaction from “potential transaction” to a “closed transaction,” and that holds particularly true in the final months of the year. For...more
The COVID-19 pandemic accelerated the evolution of the role of technology in medical care, giving rise to novel issues in the absence of formal governmental guidance. Responding to certain challenges brought on by the...more
Over the last two years, the COVID-19 pandemic created a variety of challenges to both health care systems and the individuals they serve, but dire circumstances also fostered particular health care innovations....more
5/6/2022
/ Amazon Echo ,
Assisted Living Facilities (ALFs) ,
Best Practices ,
Connected Items ,
Elder Care ,
Elder Issues ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Facilities ,
Policies and Procedures ,
Privacy Concerns ,
Senior Housing ,
Smart Devices